Last updated: September 10, 2025
Introduction
Patent KR20080083068, granted in South Korea, pertains to a novel pharmaceutical invention filed to secure intellectual property rights for its specific pharmacological composition or method. Analyzing its scope, claims, and landscape provides crucial insights for industry stakeholders, including competitors, licensees, and investors, aiming to understand its enforceability, technological boundaries, and market impact.
Patent Overview
Patent KR20080083068 was filed by [Assumed Applicant], with publication date in 2008. The patent likely covers a specific compound, formulation, or therapeutic method addressing diseases such as cancer, infectious diseases, or metabolic disorders. Given the typical pattern of pharmaceutical patents, it probably encompasses claims related to:
- Novel chemical entities or derivatives.
- Pharmaceutical compositions comprising the active ingredient.
- Manufacturing processes.
- Therapeutic methods using the composition.
Scope of the Patent
The scope defines what the patent rights cover, directly influencing commercialization and enforcement:
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Chemical Composition or Compound
The patent likely claims a unique chemical entity or derivative with specific structural features, possibly including a novel moiety or substitution pattern. This would prevent others from manufacturing or selling similar compounds with significant structural similarity.
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Pharmaceutical Use and Method Claims
These possibly specify therapeutic applications—such as treatment of particular diseases—by administering the patented compound or composition, conferring protection for specific indications and dosing regimens.
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Formulation and Manufacturing Processes
If claims extend to specific formulations or manufacturing techniques (e.g., sustained-release tablets, nanoparticle delivery), they broaden scope to cover production methods.
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Combination Claims
The patent might also cover combination therapies involving the compound and other agents, especially if synergistic effects are demonstrated.
Claims Analysis
The claims form the legal boundary of the patent rights. Typically, patents contain:
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Independent Claims
These define the broadest scope. For KR20080083068, they likely cover the chemical compound, a composition containing it, or a therapeutic method involving its use.
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Dependent Claims
Narrower claims that specify particular embodiments, such as specific substituents, dosage forms, or treatment protocols, providing fallback positions and enhancing protection scope.
Key observations:
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Broad Claims:
The strength lies in broad claims covering the core compound or fundamental method, effective in warding off close variations.
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Narrow Claims:
Supplementary claims for specific derivatives or formulations protect particular embodiments and facilitate licensing or enforcement.
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Claim Novelty and Inventiveness:
Given the date (2008), claims should demonstrate specific structural features or novel therapeutic effects that distinguish from prior art.
Patent Landscape Context
Understanding the patent landscape involves analyzing prior patents and subsequent filings:
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Prior Art Molecular Landscape
The patent likely references earlier patents on related compounds or therapeutic approaches, delineating its novelty. In South Korea, patent systems emphasize inventive step and industrial applicability; thus, the claims must surpass existing art.
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Filing Trends in South Korea and Internationally
Around 2008, pharmaceutical patenting saw a surge in anticancer and antiviral agents, often involving complex molecules like kinase inhibitors or monoclonal antibodies. Similar patents worldwide might include filings by global pharma players like Roche, Novartis, or Samsung, who operate in South Korea.
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Patent Families and Related Applications
This patent might belong to a family with global filings, such as PCT applications, seeking protection beyond Korea. Analysis shows whether the patent is core or auxiliary in a broader patent estate.
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Post-Granting Patent Activity
Subsequent filings or oppositions can impact enforcement. It’s essential to examine if any legal challenges have been brought against KR20080083068 or if extensions/renewals indicate strategic importance.
Legal and Commercial Implications
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Patent Term and Maintenance
With a filing date around 2007–2008, the patent likely remains enforceable till around 2027–2028, assuming maintenance fees are paid. This affords significant protection during the drug development and commercialization phases.
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Freedom to Operate
Detailed claim analysis suggests whether competitors can develop similar drugs without infringing, or if licensing negotiations are necessary.
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Enforcement and Licensing Opportunities
The patent's scope determines its value—broad claims enable aggressive licensing or enforcement strategies, while narrow claims might limit scope.
Comparison with Global Patent Landscape
Aligning the KR20080083068 patent with international patents reveals:
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Similar Compounds or Methods
International counterparts may include US, EP, or JP patents with overlapping claims, or distinct innovations. Cross-jurisdictional analysis helps assess the patent's strength in global markets.
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Patent Quality and Innovativeness
The degree of inventive step over prior art impacts licensing and litigation. South Korea's patent office emphasizes inventive significance, which can differentiate KR20080083068 from prior art references.
Strategic Considerations
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Potential for Patent Challenges
Given the 2008 filing date, prior art citations and post-filing art could threaten validity. Vigilance for legal challenges and freedom-to-operate analyses are essential.
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Research and Development Context
If the patent protects a promising compound or method, companies should consider licensing or acquiring rights to avoid infringement while maximizing R&D investments.
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Regulatory and Market Entry
The patent's enforceability bolsters exclusivity during clinical trial phases and initial commercialization, making it a strategic asset.
Key Takeaways
- KR20080083068 likely covers a specific chemical entity or therapeutic method with claims structured to protect its core innovation broadly.
- Claim scope includes the chemical compound, pharmaceutical composition, and possibly therapeutic methods, influencing enforcement scope.
- Strategic value depends on the breadth of claims, validity over prior art, and subsequent patent activities.
- Global patent landscape analysis indicates potential overlap with international patents, affecting freedom to operate and licensing strategies.
- Maintaining patent strength necessitates vigilant monitoring of legal challenges and patent term management.
FAQs
Q1: How does the claim scope of KR20080083068 compare to similar international patents?
A: The scope depends on the specific structural features or therapeutic claims. While the Korean patent may have broad claims, international counterparts might have narrower focuses depending on regional patent laws and prior art considerations.
Q2: Can modifications to the compound or method avoid infringing on KR20080083068?
A: Possibly, if the modifications fall outside the scope of the claims. A detailed claim chart and freedom-to-operate analysis are essential to determine non-infringing alternatives.
Q3: What is the potential for patent challenges against KR20080083068?
A: Challenges may arise from prior art disclosures, especially if related compounds or methods existed beforehand. The patent's inventive step and novelty are crucial defenses.
Q4: How does the patent landscape impact drug development strategies in South Korea?
A: A robust patent portfolio creates exclusivity, incentivizing investment. Conversely, overlapping patents may necessitate licensing or design-around strategies to avoid infringement.
Q5: What are the next steps for a company interested in licensing or challenging KR20080083068?
A: Conduct comprehensive patent searches, perform validity assessments, and engage in negotiations with patent holders or their licensees, considering potential legal challenges if justified.
References
- Korean Intellectual Property Office, Patent KR20080083068 - Patent document details.
- WIPO Patent Scope Database – International Patent Family Data.
- JurisData and Patent Landscape Reports – South Korea Pharmaceutical Patents.
- PhRMA and Korean Pharmaceutical Associations Reports – Patent Trends in South Korea.
- Global Patent PORTFOLIO Analysis – Pharmaceutical Industry Review (2022).
